5

If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition—

a

remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or

b

substitute its own decision for the decision in question.

5A

But the power conferred by subsection (5)(b) is exercisable only if—

a

the decision in question was made by a court or tribunal,

b

the decision is quashed on the ground that there has been an error of law, and

c

without the error, there would have been only one decision which the court or tribunal could have reached.

5B

Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal.